ML20212K273
| ML20212K273 | |
| Person / Time | |
|---|---|
| Issue date: | 07/28/1999 |
| From: | Hauber R NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC |
| Shared Package | |
| ML20212K209 | List: |
| References | |
| NUDOCS 9910060196 | |
| Download: ML20212K273 (1) | |
Text
7 f*g no r
UNITED STATES
[
E NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 20665-0001
- l July 28,1999 MEMORANDUM TO:
Distribution FROM:
Ronald D. Hauber, Director Nonproliferation, Exports and Multilateral Relations Office of international Programs
SUBJECT:
NATIONAL SCIENCE FOUNDATION (NSF) - SPONSORED IMPORTS OF RADIOACTIVE MATERIALS FROM ANTARCTICA The Office of International Programs waives the provisions of 10 CFR Part 110.27(c) for NSF-sponsored shipments of radioactive materials including low-level radioactive waste (LLW), from Antarctica to the U.S.
j A general license is provided in 110.27 for imports of radioactive materials which will be received by an NRC or Agreement State licensee or DOE contractor authorized to possess the material. Although 110.27.(c) denies use of this generallicense for LLW imports, this restriction can be set aside in the present case, wherein the onus for disposal lies clearly on the U.S., not 1
on a foreign government. The NSF-sponsored LLW is created by U.S. scientists using U.S.-
licensed radioactive materials in a U.S. Government-sponsored program outside the U.S. but j
solely within the Global Commons. Because the radioactive materials and resulting waste I
have never been under the control of a foreign government there is no basis to expect or require the waste to be received by another country for disposal.
The Part 110.27(c) specific licensing requirement was instituted by the Commission to assure that LLW imports are authorized only after public notice is given, concurrences of the affected State (s) and LLW Compact (s) and receiving facility (s) are obtained, and other consultations, I
with State Department and other interested Federal agencies, and with the foreign country of I
origin, are completed. In the absence of essential concurrences on all sides, a specific import license would usually not be approved and entry to the U.S. would be denied. Yet in the case of the NSF-sponsored shipments, there is no alternative to the return of the LLW to the U.S.
There is no foreign role in the creation of the waste, the U.S. is obligated by Treaty not to store or dispose of radioactive waste in Antarctica, there is no prospect of disposalin a facility outside the U.S., and the NSF-sponsorship role involves already-concluded arrangements to return the waste to a U.S. waste disposal facility. Thus, the Office of International Programs waives the 110.27(c) specific licensing requirement in this instance and for future shipments of the same kind. The NSF-sponsored shipments of radioactive materials including LLW may enter the U.S.
j under the general import license in 110.27.
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